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Law in time of Invasion or at other times when by Law it may be executed and to do and execute all and every other things (thing?) or things which to our Captain General and Governor in Chief doth or ought of Right to belong and wee do hereby give and grant unto you full Power and Authority Subject Nevertheless to such Instructions as wee may at any time be pleased to give unto you under our Signet and Sign Manual or by our Order in our Privy Council with the advise of the Executive Council appointed by us for our Provinces of Upper Canada and Lower Canada respectively to erect raise and Build in our said Provinces such and so many fforts and Platforms Castles and ffortifications as you by the advice aforesaid shall judge necessary and the same or any of them to fortify and furnish with Ordinance Ammunition and all Sorts of Arms fit and necessary for the security and defence of our said Provinces and by the advice aforesaid the same again or any of them or (to?) demolish or Dismantle as may be most convenient and for as much as Divers Mutinies and Disorders may happen by Persons shipped and employed at Sea during the time of War and to the end that such as shall be shipped and employed at Sea during the time of War may be better Governed and ordered wee do hereby give and grant unto you the said Guy Lord Dorchester full Power and Authority to constitute and appoint Captains Lieutenants Masters of Ships and other Commanders and Officers and to grant unto such Captains Lieutenants Masters of Ships and other Commanders and Officers Commissions to execute the Law Martial during the time of War according to the Directions of an Act passed in the twenty second year of the Reign of Our late Royal Grandfather Intituled [An Act for amending explaining and reducing into one Act of Parliament the Laws relating to the Government of his Majesty's Ships Vessels and fforces by Sea] as the same is altered by an Act passed in the nineteenth year of our Reign Intituled [An Act to explain and amend an Act made in the twenty second year of the Reign of his late Majesty King George the Second Intituled An Act for amending explaining and reducing into one Act of Parliament the Laws relating to the Government of his Majesty's Ships Vessels and fforces by Sea] and to use such Proceedings Authorities Punishments and Executions upon any Offender or Offenders who shall be Mutinous Seditious disorderly or any way unruly either at Sea or during the time of their abode or residence ir any of the Ports Harbours or Bays of our said Provinces of Upper Canada and Lower Canada as the Case shall be found to require according to the Martial Law and the said Directions during the time of War as aforesaid provided that nothing herein contained shall be construed to the enabling you or any by your Authority to hold plea or have any Jurisdiction of any Offence Cause Matter or thing committed or done upon the High Sea or within any of the Havens Rivers or Creeks of either of our said Provinces under your Government by Any Captain Commander Lieutenant Master Officer Seaman Soldier or Person whatsoever who shall be in our actual Service and pay in or on board any of our Ships of War or other Vessels acting by immediate Commission or Warrant from our Commissions for executing the Office of High Admiral or from our High Admiral pf Great Britain for the time being under the Seal of our Admiralty but that
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such Captain Commander Lieutenant Master Officer Seaman Soldier or other Person so offending shall be left to be proceeded against and tried as their Officers shall require either by Commission under our Great Seal of Great Britain as the Statute of the twenty eight of Henry the eighth directs or by Commission from ours (our) said Commissioners for executing the Office of our High Admiral or from our High Admiral of Great Britain for the time being according to the aforementioned Act intituled [An Act for explaining amending and reducing into one Act of Parliament the Laws relating to the Government of His Majesty's Ships Vessels and forces by Sea] as the same is altered by an Act passed in the nineteenth year of our Reign Intituled [An Act to explain and amend an Act made in the twenty second year of His late Majesty King George the second Intituled An Act for amending explaining and reducing into one Act of Parliament the Laws relating to the Government of His Majesty's Ships Vessels and fforces by Sea] Provided nevertheless that all Disorders and Misdeameanors committeed on shore by any Captain Commander Lieutenant Master Officer Seaman Soldier or other Person whatsoever belonging to any of our Ships of War or other Vessels acting by immediate Commission or Warrant from our said Commissioners for executing the Office of our High Admiral or from our High Admiral of Great Britain for the time being under the Seal of our Admiralty may be tried and Punished according to the Laws of the Place where any such disorders Offenders (Offences?) and Misdemeanours shall be committed on shore notwithstanding such Offenders be in our actual Service and born in our pay on Board any such our Ships of War or other Vessels acting by immediate Commission or Warrant from our said Commissioners for executing the Office of High Admiral or our High Admiral of our Great Britain for the time being as aforesaid so as he shall not receive any protection for the avoiding of Justice for such Offences committed on Shore from any pretence of his being employed in our Service at Sea you are to give Warrants under your Hand for the issuing of Public Monies for all Public Services and Wee do particularly require you to take care that regular accounts of all Receipts and Payments be duly Kept and that there be transmitted every half year or oftener Copies thereof properly Audited to our Commissioners of our Treasury or to our High Treasurer for the time being to the end that wee may be satisfied of the Right and due application of the Revenue of our said Provinces with the Probability of the Increase or Dimunation (Diminution?) of it under every Head and Article thereof and wee do further give to you the said Guy Lord Dorchester full Power and Authority when and so often as any Bill which has been passed by the Legislative Counsel and by the House of Assembly of either of our said Provinces of Upper Canada or Lower Canada shall be presented unto you for our Royal Assent to declare according to your Discretion but Subject Nevertheless to the provisions contained on (in?) the said recited Act passed in the present year of Our Reign and Subject also to such Instructions Directions and Authorities as wee shall herewith or at any time hereafter give unto you in that behalf under Our Signet and Sign Manual or by an Order in our Privy Council that you Assent to such Bill in our Name or that you withhold our Assent from such
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Bill or that you reserve such Bill for the Signification of our Royal Pleasure thereon and wee do by these presents give and Grant unto you the said Guy Lord Dorchester full power and Authority with the advice of the Executive Councils appointed by us for the affairs of our said Provinces of Upper Canada and Lower Canada but Subject nevertheless to the provisions of the said Act and to such further powers Authorities and Instructions as we may herewith or at any time hereafter give to you in that behalf under our Signet and Sign Manual or by our Order in our Privy Council to erect Constitute and appoint such Court or Courts of Judicature or Public Justice within our said Provinces as you and they shall think fit and necessary for the hearing and determining of all Causes as well Criminal as Civil according to Law and Equity and for awarding Execution thereupon with all reasonable and necessary powers Authorities flees and privileges belonging thereunto as also to appoint and Commission fit persons in the several parts of your said Government to administer the several Oaths herein before mentioned as also to tender and administer the aforesaid Declaration unto such persons belonging to the said Courts as shall be obliged to take the same and wee do hereby authorise and empower you to constitute and appoint Judges and in Cases requisite Commissioners of Oyer and Terminer Justices of the Peace and other necessary Officers and Ministers in our said Provinces of Upper Canada and Lower Canada for the better administration of Justice and putting the Laws in execution and to administer or cause to be administered unto them such Oath or Oaths as are usually taken for due execution and performance of Offices and places and for the clearing of truth in Judicial Causes and wee do hereby give and grant unto you full power and authority where you shall see cause or shall judge any Offender or Offenders in Criminal Matters or for any ffines or fforfeitures due unto us fit Objects of our Mercy to pardon all such Offenders and to remit all such Offences ffines or fforfeitures Treason and Wilful Murder only excepted in which cases you shall likewise have power upon extraordinary Occasions to grant reprieves to the offenders until and to the Intent that our Royal Pleasure may be Known therein and wee do likewise give and Grant unto you full Power and Authority with the advice of our Executive Councils for the Affairs of our said Provinces of Upper Canada and Lower Canada to grant Lands within the said Provinces respectively which said Grants are to pass and be sealed with our Seal of such Province and being entered upon Record by such Officer or Officers as shall be appointed thereunto shall be good and effectual in Law against us Our Heirs and Successors Provided nevertheless that no Grants or Leases of any of the Trading Ports in our said Provinces shall under Colour of this Authority be made to any Person or Persons whatsoever until our Pleasure therein shall be signified to you and wee do hereby give you the said Guy Lord Dorchester full Power to order and appoint (fairs Marts and Markets as also such and so many Ports Harbours Bays Havens and other Places for the Convenience and Security of Shipping and for the better Loading and unloading of Goods and Merchandizes within our said Provinces of Upper Canada and Lower Canada as by you with the Advice of Our Executive Council for Our said Provinces respectively shall be
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thought fit and necessary for the same And Wee do hereby require and command all our Officers and Ministers Civil and Military and all other Inhabitants of our said Provinces of Upper Canada and Lower Canada to be obedient aiding and assisting unto you the said Guy Lord Dorchester in the Execution of this Our Commission and of the powers and Authorities herein contained and in Case of your Death or Absence out of Our said Province of Upper Canada or Our province of Lower Canada¹ to be obedient aiding and assisting unto such Persons (as) shall be appointed by us to be our Lieutenant Governor or Commander in Chief of such Province respectively To Whom Wee do therefore by these presents in Case of your Death or Absence from such Province give and grant all and singular the powers and Authorities herein granted to be by him executed and enjoyed during our Pleasure or until your Arrival within such Province respectively And if upon your Death or Absence out of our said Provinces of Upper Canada or Lower Canada or either of them there be no Person upon the Place Commissioned and appointed by Us to be Our Lieutenant Governor or appointed by Us to Administer Our Government within the said Province² in case of the Death or Absence of you and our Lieutenant Governor of the said Province Our Will and Pleasure is that the oldest Member of our Executive Council for Our said Province of Upper Canada or Our said Province of Lower Canada being a natural born Subject of Great Britain Ireland or Our Colonies and Plantations and Professing the Protestant Religion who shall then be residing with Our said Provinces³ Shall take upon him the Administration of the Government and execute our said Commission and Instructions and the several Powers and Authorities therein contained and to all Intents and Purposes as other Our Governors Lieutenant Governors or persons administering Our Governments until Our further pleasure be known therein Nevertheless as it may happen in Case of the Death Absence Removal or Suspension of our Lieutenant Governor of either of the Provinces above mentioned that the Succession of such oldest member as aforesaid to the Administration of the Government may not be for the good of Our Service and the Welfare of such Province Wee do hereby authorize and impower you in Case of such Death Absence or Removal if it shall appear to you that it would not be expedient for such oldest Councillor in Succession to administer the Government to nominate and appoint by a Commission under the Seal of such Province you being yourself at the Time of such Appointment Personally resident in it any Member of the Executive Council by Us appointed for Our said Province of Upper Canada or Our Province of Lower Canada respectively whom you shall judge the most proper and fitting to be Our Lieutenant Governor thereof such Person
[¹ In Sherbrooke's and subsequent Commissions the following clause is here inserted: "or in case from any special Circumstances we shall judge it expedient by Warrant under the Sign Manual or otherwise to provide for the Civil Administration of the government notwithstanding your actual presence in either of our said provinces."
² Drummond's Commission (1814) directs that the government devolve on the senior officer commanding the forces for the time being.
³ Provost's and Sherbrooke's Commissions add here "(the Chief Justice and Bishop for the time being excepted)."]
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being a Natural born Subject of Great Britain Ireland or of Our Colonies and Plantations and professing the protestant Religion until Our pleasure thereupon shall be Known and you are to transmit to us by the first Opportunity through one of our Principal Secretaries of State your Reasons for such Appointment And Wee do hereby Give and Grant unto you the said Guy Lord Dorchester full Power and Authority in Case any Person or Persons Commissioned or appointed by Us to any Office or Offices within Our said Provinces of Upper Canada or Lower Canada from which they may be liable to be removed by Us shall in your Opinion be unfit to continue in Our Service to suspend or remove such person or persons from their several Employments without stating to him or them your Reasons for such Suspension or Removal And Wee do hereby declare ordain and appoint that you the said Guy Lord Dorchester shall and may hold execute and enjoy the Office and place of our Captain General and Governor in Chief in and over Our said Provinces of Upper Canada and Lower Canada with all its Rights Members and Appurts whatsoever together with all and singular the Powers and Authorities hereby granted unto you for and during Our Will and Pleasure.
In Witness &c. Witness &c. this Twelfth Day of September One thousand seven hundred and ninety one.
BY THE KING HIMSELF.
[1927lab]
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